Skip to comments.Read the 17th Amendment on "Temporary" Senate appointees
Posted on 01/16/2010 8:10:23 PM PST by 4Speed
Hot Air points out Historical Precedent and Senate archives, and even mentions the "Constitution".....Oh, yea, lets not forget that Parchment....
"The Senate subcommittee and committee concluded, based on its hearing and review, that the term of service of a Senator appointed to fill a vacancy in an unexpired term ends on the day when his successor is elected by the people. 1939 Congressional Record, p. 998. There was evidently no controversy among either the subcommittee or full committee regarding this legal conclusion, and the committee then presented a resolution to the Senate for adoption, expressing the view that Berrys term of service expired on November 8, 1938, the date of the special election. As Senator Connally, a member of the subcommittee, explained to the Senate, the fact that the Tennessee statute purported to extend Berrys term until the qualification of his successor was of no force because the statute was plainly in conflict with the provisions of the seventeenth amendment. Accordingly, the Senate adopted the proposed resolution without dissent. 1939 Congressional Record, p. 1058.
Based on this authority, it would appear that a valid point of order could be raised as to Senator Kirks participation in Senate proceedings after January 19, 2010.
(Excerpt) Read more at d1040331.dotsterhost.com ...
The Rats will not be happy if the GOP tried to force the issue.
Brown needs this......
BUMP for excellence in research and posting!
Great research and find - Thanks You
Every patriot should email Senator McConnell, demanding that he ensure that this precedent is followed -
He needs to start talking to the press NOW, and demand that settled law be followed.
Mr. Steele should also be talking this up NOW -
Email Sarah - she can, and will, make this a National Headline with one Twitter
No...talk it up Wednesday, not a day sooner.
Reid and Pelosi may want to change History....But History it is for the Immediate Expiration on the Date of the Election.
Quote from Senate.gov above....
“Many states limit the term of office for interim senators to the date set for the special
election. In these cases, the term of the interim senator expires immediately upon the
election of the popularly chosen successor, who serves the balance of the Senate term,
whether it is a few weeks or several years. Moreover, when an interim appointment is
made late in the term, it is often customary for the interim senator to resign his or her seat
immediately after the election, and for the governor to appoint the special election winner
to serve the balance of the term.”
Since Galvin is already on record saying that it will take at least two weeks to certify, the filibuster-proof Senate ends Tuesday night.
Once Kirk is out, there is no need to delay Brown's certification, since the 60th vote is gone. However, if Coakely wins, watch Galvin do a 180 and seat her immediately to restore the 60th vote.
The wiggle room is in the “day elected by the people” language. The Rats will argue Brown is not elected until they say he is (the election is certified, etc.).
Let’s not count our chickens yet.
You can bet your bottom dollar that Frankenstein's lawyers have already arrived here from Minneapolis ready to do their magic.
Ten bucks says that Dirty Harry will declare that the people of Massachusetts haven't "voted" or "elected" until our Secretary of State has certified.Read my previous post regarding what he's already said.Also...you think "Florida 2000" was a bloody war? Wait until ya see "Massachusetts 2010"....courtesy of every filthy RAT lawyer in the country.
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